Fill and Sign the Support Dissolution Marriage Form

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.904(b), PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) (02/18) When should this form be used? This form may be used if a dissolution of marriage has not been fiedd and you are requesting alimony . If a petition for dissoiution has been fiedd you shouid fie a Motion for Temporary Support with No Dependent or Minor Child(ren) d Fiorida Supreme Court Approved Famiiy Law Form 12.947(c)d instead of using this petition . Aisod if you are requesting that an order be entered for you to pay support to your spoused you shouid not fie this form. This petition does not address the issues of property or debts. It oniy deais with aiimony. This form shouid be typed or printed in biack ink. After compieting this formd you shouid sign the form before a notary public or deputy clerk . You shouid file the originai with the clerk of the circuit court in the county where you iive and keep a copy for your records. Because you are fiing the petition in this proceedingd you are referred to as the petitioner and your spouse as the respondent. IMPORTANT INFORMATION REGARDING E-FILING The Fiorida Ruies of Judiciai Administration now require that aii petitionsd pieadingsd and documents be fied eiectronicaiiy except in certain circumstances. Self- represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to fie your pieadings or other documents eiectronicaiiyd you must do so in accordance with Fiorida Ruie of Judiciai Administration 2.525d and you must foiiow the procedures of the judiciai circuit in which you fie. The rules and procedures should be carefully read and followed. What should I do next? For your case to proceedd you must properiy notify your spouse of the petition. Because this petition concerns aiimonyd you shouid use personal service . If your spouse is in the miiitary service of the United Statesd additionai steps for service may be required. Seed for exampied Memorandum for Certificate of Military Service d Fiorida Supreme Court Approved Famiiy Law Form 12.912(a) and Affidavit of Military Service d Fiorida Supreme Court Approved Famiiy Law Form 12.912(b). Instructions for Fiorida Supreme Court Approved Famiiy Law Form 12.904(b)d Petition for Support Unconnected with Dissoiution of Marriage with No Dependent or Minor Chiid(ren) (02/18) Service on a spouse who is in the miiitary can be compiicated; therefored you may wish to consuit an attorney regarding this issue. Your spouse has 20 days to answer after being served with your petition. Your case wiii then generaiiy proceed in one of the foiiowing three ways: DEFAULT . If after 20 daysd no answer has been fiedd you may fie a Motion for Default d Fiorida Supreme Court Approved Famiiy Law Form 12.922(a)d with the cierk of court. Thend if you have fied aii of the required papersd you may contact the cierkd family law intake staf d or judicial assistant to set a final hearing . You must notify your spouse of the hearing by using a Notice of Hearing (General) d Fiorida Supreme Court Approved Famiiy Law Form 12.923d or other appropriate notice of hearing form. UNCONTESTED . If your spouse fies an answer that agrees with everything in your petition or an answer and waiverd and you have compiied with mandatory disclosure and fied aii of the required papersd you may contact the cierkd famiiy iaw intake staffd or judiciai assistant to set a fnai hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General) d Fiorida Supreme Court Approved Famiiy Law Form 12.923d or other appropriate notice of hearing form. CONTESTED . If your spouse fies an answer or an answer and counterpetition d which disagrees with or denies anything in your petitiond and you are unabie to settie the disputed issuesd you shouid fie a Notice for Trial d Fiorida Supreme Court Approved Famiiy Law Form 12.924d after you have compiied with mandatory disciosure and fied aii of the required papers. Some circuits may require the compietion of mediation before a fnai hearing may be set. Then you shouid contact the cierkd famiiy iaw intake staffd or judiciai assistant for instructions on how to set your case for trial (fnai hearing). If your spouse fies an answer and counterpetitiond you shouid answer the counterpetition within 20 days using an Answer to Counterpetition d Fiorida Supreme Court Approved Famiiy Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read General Information for Self- Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defned there. For further informationd see section 61.09d Fiorida Statutes. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initiai service of process of the petition or suppiementai petition by the Sheriff or certifed process serverd the Fiorida Ruies of Judiciai Administration now require that aii documents required or permitted to be served on the other party must be served by eiectronic maii (e-maii) except in certain circumstances. You Instructions for Fiorida Supreme Court Approved Famiiy Law Form 12.904(b)d Petition for Support Unconnected with Dissoiution of Marriage with No Dependent or Minor Chiid(ren) (02/18) must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you eiect to participate in eiectronic serviced which means serving or receiving pieadings by eiectronic maii (e-maii)d or through the Fiorida Courts E-Fiiing Portaid you must review Fiorida Ruie of Judiciai Administration 2.516. You may fnd this ruie at www.flcourts.org through the iink to the Ruies of Judiciai Administration provided under either Famiiy Law Forms: Getting Startedd or Ruies of Court in the A-Z Topicai Index. SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a seif-represented iitigant eiects to serve and receive documents by e-maiid the procedures must aiways be foiiowed once the initiai eiection is made. To serve and receive documents by e-maiid you must designate your e-maii addresses by using the Designation of Current Mailing and E-mail Address d Fiorida Supreme Court Approved Famiiy Law Form 12.915d and you must provide your e-maii address on each form on which your signature appears. Piease CAREFULLY read the ruies and instructions for: Certificate of Service (General), Fiorida Supreme Court Approved Famiiy Law Form 12.914; Designation of Current Mailing and E-mail Address d Fiorida Supreme Court Approved Famiiy Law Form 12.915; and Fiorida Ruie of Judiciai Administration 2.516. Special notes... If you do not have the money to pay the fiing feed you may obtain an Appiication for Determination of Civii Indigent Status from the cierkd fii it outd and the cierk wiii determine whether you are eiigibie to have fiing fees deferred. With this form you must aiso fie the foiiowing:  Notice of Social Security Number d Fiorida Supreme Court Approved Famiiy Law Form 12.902(j).  Family Law Financial Affidavit d Fiorida Famiiy Law Ruies of Procedure Form 12.902(b) or (c). (This must be fied within 45 days of service of the petition on the respondentd if not fied at the time of the petition.)  Certificate of Compliance with Mandatory Disclosure d Fiorida Famiiy Law Ruies of Procedure Form 12.932. (This must be fied within 45 days of service of the petition on the respondentd if not fied at the time of the petitiond uniess you and the other party have agreed not to exchange these documents.) Alimony. Aiimony may be awarded to a spouse if the judge fnds that one spouse has an actuai need for it and that the other spouse has the abiiity to pay. If you want alimony, you must request it in writing in the original petition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request permanent alimony d bridge- the-gap alimony, durational alimony, and/or rehabilitative alimony . If Instructions for Fiorida Supreme Court Approved Famiiy Law Form 12.904(b)d Petition for Support Unconnected with Dissoiution of Marriage with No Dependent or Minor Chiid(ren) (02/18) aiimony is awardedd the judge may order periodic paymentsd payments in iump sumd or both. Temporary Relief. If you need temporary reiief regarding aiimonyd you may fie a Motion for Temporary Support with No Dependent or Minor Child(ren) d Fiorida Supreme Court Approved Famiiy Law Form 12.947(c). For more informationd see the instructions for that form. Final Judgment Forms . These famiiy iaw forms contain a Final Judgment of Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren) d Fiorida Supreme Court Approved Famiiy Law Form 12.994(b)d which the judge may use if your case is contested. You shouid check with the cierkd famiiy iaw intake staffd or judiciai assistant to see if you need to bring a fnai judgment with you to the hearing. If sod you shouid type or print the headingd inciuding the circuitd countyd case numberd divisiond and the parties’ namesd and ieave the rest biank for the judge to compiete at your hearing or triai. Nonlawyer. Rememberd a person who is NOT an attorney is caiied a noniawyer. If a noniawyer heips you fii out these formsd that person must give you a copy of a Disclosure from Nonlawyer d Fiorida Famiiy Law Ruies of Procedure Form 12.900(a)d before he or she heips you. A noniawyer heiping you fii out these forms aiso must put his or her named addressd and teiephone number on the bottom of the iast page of every form he or she heips you compiete. Instructions for Fiorida Supreme Court Approved Famiiy Law Form 12.904(b)d Petition for Support Unconnected with Dissoiution of Marriage with No Dependent or Minor Chiid(ren) (02/18) IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUITd IN AND FOR ______________________________ COUNTYd FLORIDA In re: the Marriage of: Case No: ________________________ Division: ________________________ _________________________________d Petitionerd and _________________________________d Respondent. PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) Id {full legal name} ______________________________________________d the Petitionerd being swornd certify that the foiiowing statements are true: 1. JURISDICTION _____ Petitioner _____ Respondent _____ Both iive in Fiorida at the fiing of this Petition for Support Unconnected with Dissoiution of Marriaged which is fied pursuant to section 61.09d Fiorida Statutes. 2. Petitioner _____ is or _____ is not a member of the miiitary service. Respondent _____ is or _____ is not a member of the miiitary service. 3. MARRIAGE HISTORY Date of marriage: {month, day, year} ______________________________________________ Date of separation: {month, day, year} (___Indicate if approximate) ______________________) 4. A compieted Famiiy Law Financiai Afdavitd Fiorida Famiiy Law Ruies of Procedure Form 12.902(b) or (c)d_____ is fied with this petition or _____ wiii be timeiy fied. 5. A compieted Notice of Sociai Security Numberd Fiorida Supreme Court Approved Famiiy Law Form 12.902(j)d _____is fied with this petition or _____ wiii be timeiy fied. SECTION I. SPOUSAL SUPPORT (ALIMONY) 1. Respondent has the abiiity to contribute to Petitioner’s support and has faiied to do so. Petitioner requests that the Court order Respondent to pay the spousai support (aiimony) to Petitionerd who ciaims that he or she has an actuai need for Fiorida Supreme Court Approved Famiiy Law Form 12.904(b)d Petition for Support Unconnected with Dissoiution of Marriage with No Dependent or Minor Chiid(ren) (02/18) the support that he or she is requesting.. Spousai support (aiimony) is requested in the amount of $__________every _____ week _____ other week _____ monthd or ______ other _______________beginning {date} ______________d and continuing untii {date or event} _________________________________________________________________. Expiain why the Court shouid order Respondent to pay and any specifc request(s) for type of aiimony (temporaryd permanentd bridge-the-gapd durationaid rehabiiitatived and/or iump sum): _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________. 2. _____ Other provisions reiating to aiimony inciuding any tax treatment and consequences: _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________. 3. _____ Petitioner requests iife insurance on Respondent’s iifed provided by Respondentd to secure such support. SECTION II. OTHER RELIEF _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ _________________________________________________________________________________ _ SECTION III. REQUEST (This section summarizes what you are asking the Court to inciude in the order for support.) ____ Petitioner requests that the Court enter an order estabiishing support and : [Indicate all that apply] 1____ awarding spousai support (aiimony) pursuant to Section I of this petition; Fiorida Supreme Court Approved Famiiy Law Form 12.904(b)d Petition for Support Unconnected with Dissoiution of Marriage with No Dependent or Minor Chiid(ren) (02/18) 2.____ awarding other reiief as specifed in Section II of this petition; and any other terms the Court deems necessary. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: ______________________ _____________________________________________ Signature of Petitioner Printed Name: _________________________________ Address: ______________________________________ Cityd Stated Zip: _________________________________ Teiephone Number: _____________________________ Fax Number: __________________________________ Designated E-maii Addresses):_____________________ _____________________________________________ STATE OF FLORIDA COUNTY OF ____________________ Sworn to or afrmed and signed before me on ____________ by _______________________________. _____________________________________________ NOTARY PUBLIC or DEPUTY CLERK Fiorida Supreme Court Approved Famiiy Law Form 12.904(b)d Petition for Support Unconnected with Dissoiution of Marriage with No Dependent or Minor Chiid(ren) (02/18) _____________________________________________ [Print, type, or stamp commissioned name of notary or deputy clerk.] ____ Personaiiy known ____ Produced identifcation ____ Type of identifcation produced ________________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fii in all bianks] This form was prepared for the: {choose only one } Petitioner This form was compieted with the assistance of: {name of individual} ______________________________________________________________d {name of business} ________________________________________________________________d {address} _________________________________________________________________________d {city} __________________d {state} _____d {zip code}__________, {telephone number} _____________. Fiorida Supreme Court Approved Famiiy Law Form 12.904(b)d Petition for Support Unconnected with Dissoiution of Marriage with No Dependent or Minor Chiid(ren) (02/18)